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Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
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The Michigan Supreme Court’s July 2023 decision in MSSC, Inc v AirBoss Flexible Prods Co renewed many suppliers’ ammunitions in customer negotiations. One OEM, however, has been publicly pushing back against those arguments,...more
Over the last several years, the automotive industry has grown accustomed to various supply disruptions, from COVID-19 shutdowns and material shortages to port congestions. The tragic collapse of the Francis Scott Key Bridge...more
The Suez Canal and Panama Canal connect critical international trade and supply chains across continents. The Suez Canal (completed in 1869) routes ships between Europe and Asia directly linking the Red Sea and the...more
Perhaps nothing has proven the indispensable value of commercial sterilizers more than the devastating worldwide COVID-19 pandemic. Without the highly effective and efficient commercial sterilizer ethylene oxide (EtO), we...more
In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more
With the continued uncertainty in geopolitics, an increased focus on environmental, social and governance (ESG) concerns and priorities, and the aftereffects of the pandemic, there has been a massive shift in the traditional...more
In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more
Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an...more
Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more
Hurricane Ian’s unprecedented size and strength is taking a major toll on the state of Florida and other areas in the southeast United States, which is likely to cause impacts to the construction industry. Akerman attorneys...more
With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more
With important developments such as the ongoing COVID-19 pandemic, Russian invasion of Ukraine, and raw material and labor shortages, businesses face a myriad of challenges. Among those challenges are a business's or its...more
Due to the ongoing global supply chain crisis, companies face an uphill battle managing supply chain-related issues. On one front, companies are encountering frequent and extensive shipment and delivery delays. Information...more
In light of ever-growing complex business arrangements, companies are increasingly dependent on cross-border supply chain networks. Supply chains networks, which usually encompass development, sourcing, production,...more
The U.S. economy is grappling with the highest inflation in decades, with extensive inflation in the supply chain affecting companies worldwide. Supply chain disruptions undoubtedly have contributed to rising inflation, as...more
Rapid material price escalation is a costly reality of today’s construction industry. How long this escalation will be a reality is anyone’s guess. In the meantime, there are workable solutions; but those pressing for...more
European energy companies face unprecedented uncertainty as a result of Russia's invasion of Ukraine. A potential reduction or cessation of Russian gas imports is not unforeseeable and would invariably affect all market...more
The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...more
As you will know, an unprecedented sanctions regime has been imposed by the UK, EU and US in response to Russia’s actions concerning Ukraine. But what issues could arise for your contracts with Russian or Ukrainian parties or...more
Notwithstanding the ongoing impacts of COVID-19, in 2021 the deployment of solar, solar + storage, stand-alone storage, wind, and other renewable energy technologies continued to rapidly expand across the U.S. (and the rest...more
Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discusses the Russian invasion of Ukraine creating a series of commercial contract issues and potential liabilities for companies doing...more
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more
Depuis début décembre, acheteurs et vendeurs sont entrés dans les « boxes » des négociations afin de finaliser avant le 1er mars les conventions régissant leurs relations commerciales pour l’année 2022. Au cœur des...more
Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discussed supply chain disputes and provided strategies for managing future contracts during his recent presentation at the Asia Annual...more
Thomas Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, recently presented “Contractual Approaches to Supply Chain Disputes: Is it Time for a New Paradigm?” at the Asia Annual International...more